The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the F.C.B. case delivered on 28 August 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Italy lodged with the European Commission of Human Rights
on 9 May 1986 under Article 25 (art. 25) of the Convention by
Mr. F.C.B., an Italian national, who complained that he had been
judged in absentia in Italy while in detention in the
Netherlands;
Recalling that the case was brought before the Court by the
Commission on 11 July 1990;
Whereas in its judgment of 28 August 1991 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraphs 1 and 3.c (art. 6-1, art. 6-3-c) of the Convention;
- held that the respondent state was to pay to Mr F.C.B.
five million Italian lire in respect of costs and expenses;
- dismissed the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Italy to inform it of the
measures which had been taken in consequence of the judgment of
28 August 1991, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Italy gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Italy has
paid the applicant the sum provided for in the judgment,
Declares, after having taken note of the information
supplied by the Government of Italy, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (93)6
Information provided by the Government of Italy
during the examination of the F.C.B. case
by the Committee of Ministers
Since the entry into force of the new Code of Criminal
Procedure on 24 October 1989, the absent accused is no longer
under the obligation, in order to avoid being tried in absentia,
to prove the reality of his inability to attend as Section 486,
paragraph 2, of the new code provides that the judge will stay
or adjourn the proceedings, even ex officio, when it appears
probable that the absence of the accused is due to an absolute
inability to attend.
The sum of 5 million lire awarded by the Court in respect
of costs and expenses was put at the disposal of the applicant's
wife on 21 December 1992, after delivery of a consular power of
attorney to that effect by the applicant.
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